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Separation/Termination/Resignation Whenever an employee is separated from employment, there are specific legal considerations and regulations that all employers need to take into account. After all, employers not only have to be prepared to manage disgruntled employees that claim that they were discriminated against or treated unfairly, but they also have to be sure that they always give employees proper notification of the termination. State law determines whether or not an employee is at fault for his or her unemployment. When an employee is terminated or unemployed through no fault of their own, employers need to provide employees with information about Unemployment Insurance for that State, according to the Federal-State Unemployment Insurance Program. Regardless of whether the employee was separated due to his or her own resignation, termination, temporary circumstances, or otherwise, employers need to be aware of their specific state separation requirements. For example, employers in states such as New York, New Jersey, Tennessee, Michigan and Nevada are required to provide employees with a Separation Form that provides separated employees with information about Unemployment Compensation and how to file a claim. While many states have requirements for employee notification of a lay-off or termination, the federal Fair Labor Standards Act (FLSA) does not require that employers notify employees in advance of a termination or a lay-off, but employers may be required to give notice to employees if there is a mass layoff or plant closure. Employers should read the Warn Act for specific federal information pertaining to mass layoffs and terminations. According to the U.S. Department of Labor, there are specific notifications that employers should also provide terminated employees, including information about the Consolidated Omnibus Budget Reconciliation Act (COBRA) and the Health Insurance Portability and Accountability Act (HIPAA). The LaborLawCenter™ maintains a collection of state required separation forms for businesses to use upon separation. Please see below for your state specific separation forms: Other documents to consider when administering a separation, termination, or resignation could be:
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